Filing for Separation
What these forms do
This set of forms will help you get a legal separation if you have no children under 21 with the respondent. If you have only children aged 18 to 21 years, use the Separation with Adult Children Only forms (not yet available. Talk to a lawyer if you only have children 18, 19, or 20).
TALK TO A LAWYER BEFORE USING THESE FORMS IF:
Ø You are not sure whether separation or dissolution (divorce) is the right choice for you
Ø You are part of a same-sex couple AND:
o You are married, have a civil union, or registered in another state
o You are married, have a civil union, or registered in another state in addition to Oregon
o You registered as domestic partners in Oregon before February 4, 2008
o You are unsure if your partnership is a Registered Domestic Partnership (RDP)
o If you want partner support and either party lives in (or may move to) another state
Ø You want to divide the retirement benefits of either party
Ø Either party is a debtor in a current bankruptcy case
Notice about these instructions and forms
These instructions are not a complete statement of the law. They cover basic procedures for simple separation cases with no children under 21. If you have complicated issues or questions about the law, talk to a lawyer.
All of the necessary forms should be online. If you cannot find a form, ask your local court.
Each court has local rules, programs, and procedures that may not be explained in these instructions. Refer to the Supplementary Local Rules for your county. These rules are available online or at your local court or law library. Forms and information about your local court are on the Oregon Judicial Department website.
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Information about Separation
v Duration - Legal separation can be for a specific period of time (limited), or it can have no set end time (unlimited). A limited separation will end when the judgment says so, and your marriage or Registered Domestic Partnership (RDP) will be fully intact. Even in a separation of unlimited duration, you may still get divorced or get back together, but you will need to have the court legally change your relationship.
v Petition and Judgment - A separation case starts with a “petition,” which tells the court what you want. That’s why you are called the “petitioner.” The other party is the “respondent.” The case ends with a “judgment,” which is the court’s final decision. The judgment is the document that finalizes your case and contains your rights and responsibilities. Your separation is effective once the judge signs the judgment. (See “The Judgment” section for more details about the terms of your judgment)
o NOTE: the general judgment in this case will create rights and responsibilities that may be permanent. Support orders often can be modified later, but property orders usually can’t. Talk to a lawyer if you have questions about these issues.
v Divorce - When considering a separation, think about your long-term goals. You can convert a separation into a dissolution (divorce) within 2 years of the judgment of separation. After the judgment, conversion requires an additional legal procedure, filings, fees, and appearances. Talk to a lawyer if you have concerns or need advice about the best course to take.
v Contact Information - Keep the court and the other party informed of your current address so you get notice of all court dates. You don’t have to use your home address on any court form. You may use any contact address where you regularly check in, as long as it is in the same state as your home. The court will assume that you receive all notices sent to that address. It is YOUR responsibility to let the court and the other party know if you move or want to get mail at a different address.
v Children - If you have a child age 18, 19, or 20 years old with the respondent, that child is a “necessary party” to any family law case until his or her 21st birthday. Use the Filing for Separation with Adult Children Only (coming soon, talk to a lawyer) forms if you have an adult child.
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Table of Contents
Information about Separation 3
Step 1: Starting Your Case 6
Ø Where to File 6
Ø Statutory Restraining Order 6
Ø Name Change 7
Ø Mandatory Arbitration 7
SUPPORT 8
PROPERTY AND DEBTS 9
Statement of Assets and Liabilities 9
Step 2: Filing and Service 10
Service 11
Acceptance of Service 11
Formal Service 11
Step 3: Temporary Orders 13
Domestic Violence 13
Step 4: Resolving Your Case 14
Mediation 14
Arbitration 14
Requesting a Default 16
The Judgment 18
Appendix A – Uniform Support Declaration 19
Appendix B - Property and Debts 20
Appendix C – Statement of Assets and Liabilities 22
Appendix D – Statutory Restraining Order 23
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Table of Forms1. Starting your Case (See the last box of this table for additional forms you may need)
___ Petition for Separation
___ Summons
___ Notice of Statutory Restraining Order Preventing Dissipation of Assets
___ Confidential Information Form (CIF) (one for each party)
___ Notice of CIF Filing
Optional:
___ Fee Deferral or Waiver Application and Declaration
2. Notifying the Other Party
___ Acceptance of Service (if possible)
___ Certificate of Service
3. Temporary Orders
4. Resolving Your Case
By Agreement:
___ Declaration in Support of Judgment
___ General Judgment of Separation
Or
By Default:
___ Ex Parte Motion for Order of Default and Declaration in Support
___ Order on Motion for Default
___ Declaration in Support of Judgment
___ General Judgment of Separation
Or
By Hearing:
___ General Judgment of Separation
Additional forms you may need: (More information is in the Instructions below)
___ Uniform Support Declaration
___ Statement of Assets and Liabilities
___ Waiver of Personal Service
___ End-of-case Fee Waiver Application & Declaration
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Step 1: Starting Your Case
Keep In Mind:
· Issues involving the debts of separated couples are complicated. Talk to a lawyer if either of you might declare bankruptcy, especially for Registered Domestic Partners (RDPs). This judgment affects you and the respondent but does NOT bind your creditors. Either party may still be responsible for the debts, in spite of this judgment.
ü Talk to a lawyer if you or Respondent is already in bankruptcy. The court may not be able to proceed with your separation until the bankruptcy is resolved.
· Registered Domestic Partners should see a lawyer if partner support is requested and either party might move out of state. If the new state does not recognize RDPs, you may have trouble collecting partner support.
ü Note: Only same-sex couples can have Registered Domestic Partnerships
· You may be entitled to part of the respondent’s retirement benefits. See the “Property and Debts” section for important information. You may lose this right if you do not include it in your Petition.
· If Respondent provides health or other insurance for you, check with each carrier to find out if coverage can be continued during your separation. If so, you must include this in your Petition and Judgment. Talk to a lawyer if you have any concerns about continuing coverage.
Legal Questions
Ø Where to File
o Marriage – you must file in a county where either you or your spouse lives at the time you file.
o RDP – you must file in a county where either you or your partner lives. If neither of you lives in Oregon but your RDP was registered here, you can file in the county where either of you last lived.
Ø Statutory Restraining Order
By filing your Petition, you agree to follow the terms of an automatic restraining order. The order is effective once notice has been served on the respondent (see below for service information). If you don’t follow the order, you can be held in contempt of court and subject to penalties.
o You must attach a copy of the restraining order (called “Notice of Statutory Restraining Order Preventing the Dissipation of Assets in Domestic Relations Actions”) to the Summons and serve it on the respondent.
o The statutory restraining order prevents either party from:
§ Dissipating (transferring, selling, destroying, removing, disposing of) real or personal property.
§ Making changes to insurance policies without the agreement of the other party.
§ Making extraordinary expenditures (unusual or high-dollar payments or purchases). Expenditures that are necessary for the safety or welfare of the parties, ordinary business activities, or related to this court case are allowed.
Ø Name Change
If you changed your last name when you got married or registered as domestic partners and want to change it back to a former legal name, you can request that on your Petition. NOTE: You cannot use this form to change your name to a name you have never used before.
o RDPs: If you changed your name through a separate name-change judgment and want to change it back, you should also file for another judgment to do that. Do not rely on the separation judgment to be effective for all purposes, especially federal records like Social Security, Medicare, and immigration. Talk to a lawyer if you have concerns.
Filling Out The Forms
Ø You are the “Petitioner” on ALL forms throughout this case, and your spouse or partner is the “Respondent.”
o Use full names (first, middle or middle initial, last) and print names the same way on all forms – first, middle, last.
Ø Mandatory Arbitration - If the ONLY disagreement between you and the respondent is about property, mark in the caption that the claim IS subject to mandatory arbitration.
o If you disagree about any issue OTHER than property, mark that your claim IS NOT subject to mandatory arbitration.
Ø Do not put Social Security numbers on your Petition. Social Security numbers must be given to the court but kept confidential from the public and the other party. Use the “Confidential Information Form” (CIF) to protect your identifying information.
o Fill out one CIF for each party.
o The Notice of Filing of Confidential Information Form must be served on the respondent with your other documents. See below for information about service.
Ø If the other party does not respond, you may be able to get a judgment by default (see “Resolving Your Case,” below, for more information). As you fill out your Petition, you must include enough information that the respondent knows what you are asking for. If you do not include specific requests, the court will not be able to enter a judgment by default until after you serve amended (changed) paperwork on the respondent.
o NOTE: this often happens with property awards and debt allocations. See the Appendices for specific information.
Fill out the following forms
· Petition for Separation
· Summons
· Confidential Information Form (CIF)
· Notice of Filing of Confidential Information Form
In some cases you will need additional paperwork before the court can enter a judgment. See the Appendices for more information about when you need each form.
◊ Uniform Support Declaration – See Appendix A
◊ Statement of Assets & Liabilities - See Appendix C
SUPPORT
There are three different categories of spousal or partner support in Oregon:
Ø Transitional support is to help you get work-related education and training
Ø Compensatory support may be ordered if you significantly contributed to the education, training, job skills, career, or earning capacity of your spouse or partner
Ø Maintenance may be ordered for your general support
Either party may request and be awarded support. More than one type of support may be awarded. Any award may be ongoing or for a particular period of time (such as 3 years, while in school, up to a certain amount, etc.).
If you and Respondent do not agree on support, you need to submit a Uniform Support Declaration. See Appendix A for more information.
For more information on factors the judge will consider when making the award, see ORS 107.105.
Ø NOTE: Support is also available to Registered Domestic Partners. If either partner might leave the state or declare bankruptcy, you should see a lawyer.
Spousal and partner support are taxable income to the recipient. Spousal support is deductible to the person making payments (payor). RDPs should see a tax professional about support.
Life Insurance - The court can order a party to carry life insurance if that party is ordered to pay spousal/partner support. Life insurance in connection with a support obligation is for the benefit of the person receiving support.
PROPERTY AND DEBTS
You need to tell the court how you want to divide your property and debts. You should be as specific as possible and include everything you and the respondent own or owe. If any property or debts are not included in your judgment, you cannot return to court to make changes later except in very limited circumstances.
If you don’t know what to ask for in your Petition, you can request “equitable relief.” This means that the judge will decide what is fair if your case goes to trial. You should talk to a lawyer if you intend to do this.
You will probably have to serve new documents on the respondent before you can get a final judgment if:
Ø you are not specific in your Petition about how you want the court to divide property and debts (including if you asked for equitable relief)